Articles Posted inPedestrian Accidents

Motor vehicle collisions involving large, commercial trucks often result in significantly more damage than those involving passenger vehicles alone. This can be due to multiple factors, such as the sheer size and weight of commercial trucks, as well as an increased risk of fatigue among long-haul truck drivers. Fortunately, if you are involved in an accident with a large truck (a.k.a. big rig, 18-wheeler, or tractor-trailer), several options are available to obtain compensation.

Filing a personal injury lawsuit after a collision with a commercial truck can help you obtain the compensation you deserve, but it can also be a complicated, lengthy process. A skilled Boston personal injury lawyer with extensive experience in trucking accidents can help to ensure that you receive full compensation in a timely manner. And filing a lawsuit might be your only option to recover damages; insurance carriers often require the insured to attempt to get the responsible party to pay before they will issue any funds. When the other party refuses, a lawsuit may be necessary.

When filing a lawsuit after an accident involving a large truck, one of the challenges is determining who to file it against. Was the truck driver negligent—was he/she texting while driving, or driving recklessly? Was the truck company negligent—did its failure to provide proper maintenance result in a mechanical issue that caused the accident? Was a parts manufacturer negligent—did faulty tires contribute to the accident? Was a third-party responsible—did a bar knowingly over-serve the driver, lending to his/her intoxicated driving? As you can see, determining fault can be a complex matter. And in many cases, multiple parties are at fault.

Driver

Even if the truck driver was obviously negligent (i.e. falling asleep behind the wheel), he/she may not have the financial ability to compensate you for repair bills and medical expenses. In most instances, however, the trucking company is at least partially at fault. A MA trucking accident attorney can help you determine how to proceed if you’ve been injured in an accident involving a commercial truck.

Trucking Company

Generally speaking, truck drivers are working for a company. As such, the company may be held vicariously liable for resulting collisions. For example, if the driver fell asleep behind the wheel, was it because he/she was working excessive hours at the company’s request? The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on the amount of hours truck drivers are allowed to work. These are known as “hours of service” regulations. Drivers may not drive more than 14 consecutive hours, and they cannot resume driving until a minimum of 10 consecutive off-duty hours have passed. Further, they cannot drive more than 60 hours during a seven-day period, or 70 hours during an eight-day period. Violations can result in civil penalties and fines.

Even if the truck was well-maintained and inspected, and the trucking company adhered to hours of service regulations, the trucking company may be deemed liable for the driver’s negligence. Consider the following scenario: Harold is driving recklessly when he crashes into Maude. Had Harold’s employer, CBA Trucking, conducted a thorough background check prior to his hire, they would have seen multiple terminations due to reckless driving. For this reason, any resulting lawsuit may allege that CBA used negligent hiring practices and is, thus, partially liable for Maude’s injuries. Continue reading

Now that backup cameras have been a common feature in new vehicles for several years, research is underway to determine whether they are actually saving lives. The Los Angeles Times recently reported that, “Despite the growing prevalence of backup cameras, federal data shows that this technology hasn’t significantly cut down on cars backing into people and causing them harm.”

According to the National Highway Traffic Safety Administration (NHTSA), between 2008 and 2011, the percentage of new cars with backup cameras installed spiked from 32 percent to 68 percent. During that same time period, back-over injuries only dropped less than eight percent, from 13,000 to 12,000. A Boston motor vehicle accident lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Fatal back-over accidents, however, have decreased more significantly. The Los Angeles Times reported that, “The fatality rate has improved somewhat, dropping 31% over the same period.” Even so, back-over fatalities are actually quite rare. Deaths caused by a vehicle moving in reverse fell from 274 to 189 during the three-year period between 2008 and 2011. The article did not indicate how many of these accidents involved a backup camera, if any.

When you ask someone who uses a backup camera if they think it’s effective, most say “absolutely!”. There is no doubt that they can improve the driving—and parking—experience. Obviously, avoiding hitting another car, pedestrian, or bicyclist is the main goal of a backup camera, but they also help us avoid backing over a bicycle left in the driveway by one of our kids, or a dog that decides to run behind the car.

Backup Cameras Will Soon be a Requirement

As of May 2018, all new vehicles weighing at least 10,000 pounds will be required to have a backup camera. According to the NHTSA, these cameras can prevent serious injuries and deaths, especially among small children. Even though—according to Autotrader—only 200 people die in back-over accidents each year, at least 14,000 suffer injuries. Backup cameras can all but eliminate these accidents. A MA car accident attorney can help you recover damages if you’ve been injured by the negligence of another.

“Deaths from back-over crashes thankfully are pretty rare, but they still are tragic,” said the vice president of research at the Insurance Institute for Highway Safety (IIHS), Jessica Cicchino. “We know that rear cameras can help, but they’re not a silver bullet.”

The Most Effective Vehicle Safety Features Available Today

Backup cameras aren’t the only vehicle safety feature reducing serious injuries and deaths. The following features are touted by the United Services Automobile Association (USAA) as being among the most effective.

Lane-keep assist

Electronic stability control

Adaptive cruise control

Adaptive headlights

Collision warning system

Active park assist

Drowsiness alert

360-degree camera

“The movement toward autonomous vehicles – self-driving cars – has brought high-tech safety features to today’s cars, too,” said USAA’s director of property and casualty loss prevention and safety programs, Jim Clifford. “Many of the groundbreaking advances in the area of car safety have come from these efforts.” Continue reading

We all know that texting and driving is dangerous, but what about texting and walking? In 2016, a total of 5,987 pedestrians were fatally injured in the United States, an increase of nine percent from the previous year. And research shows that this increase is at least partially due to smart phone use. On Wednesday, Honolulu will become the first major city to enact legislation aimed at solving this growing problem. The Hawaiian city’s new law will allow police to stop and fine pedestrians who are looking at their phones instead of paying attention to their surroundings.

When people text and walk, they have four times the risk of inadvertently engaging in another dangerous action, such as jaywalking. Initiatives to combat “cellphone zombies” are popping up around the world. Mumbai has no-selfie zones, small cities in the Netherlands and Germany have installed LED-illuminated crosswalks, and other cities are posting prominent warning signs. In response to Honolulu’s new law, several other cities and states are considering similar legislation.

Honolulu is the first major city to pass a walking-and-texting ban, but at least one smaller municipality actually got there first. Rexburg, Idaho adopted a citywide ban on distracted walking in 2011, after five pedestrians were killed in a short period of time.

“It was a shock to our system,” said Stephen Zollinger, the city attorney for Rexburg.

In response, pedestrians are prohibited from using hand-held devices while in Rexburg, unless they are talking on the phone. The small city hasn’t had a pedestrian fatality since the ban went into effect. A Boston injury lawyer can help you determine how to proceed if you’ve been injured due to another’s negligence.

Are Safer Vehicles the Answer?

Not everyone is convinced that distracted walking legislation is the answer. Janette Sadik-Khan, former commissioner of New York City’s Department of Transportation, thinks such laws distract from more important issues, such as poor road design and driver speed. In addition, Sadik-Khan thinks that improved vehicle design could help. According to Deborah A.P. Herman, the National Safety Council’s president and chief executive, features such as softer bumpers can greatly reduce the severity of injuries in a pedestrian crash. Unfortunately, only 44 countries require that automobile manufacturers incorporate these safety features. Not surprisingly, the United States isn’t one of those countries. A MA injury lawyer can help you recover damages if you’ve been injured due to another’s negligence.

To some people, bans on walking and texting seem a bit like Big Brother. But keep in mind that this legislation isn’t the first traffic-related legislation to seem a bit intrusive. Laws enforcing seatbelt use, for example, were quite controversial initially. Time will tell if texting-and-walking bans have a measurable impact on pedestrian safety. In the meantime, if you have plans to visit Honolulu, don’t forget to put your smart phone away as you cross the street. And check back for updates on other U.S. cities. Boston may not be far behind. Continue reading

Parking lots and mechanical garages throughout Massachusetts often have automatic gates to control the flow of traffic coming and leaving. Unfortunately, equipment malfunctions can result in serious injuries to pedestrians, cyclists, and motorists who enter and exit through defective or poorly-maintained gates. When a person is struck in the head by the arm of an automatic parking gate, he may be seriously injured, or even killed. Possible injuries include traumatic brain injuries, spinal cord injuries, lacerations to the face, and paralysis.

Who is Responsible?

Public and private office buildings, schools, shopping malls, hotels, and parking garages are responsible for maintaining a safe environment for visitors to their property. When someone is injured due to a malfunctioning parking gate arm, the victim may decide to file a personal injury claim against the responsible party. But who is responsible? Depending on the circumstances of the accident, multiple parties may be liable for parking lot gate injuries, including:

Determining Liability

Consider the following scenario: Linda is struck in the head by an automatic gate arm as she walks out of a hotel parking garage. Should she file an injury claim against the garage manager on duty that day? What about the hotel’s property owner?

Let’s say the hotel had just purchased an automatic gate last month. It was brand new at the time of purchase, was properly installed, and has been well maintained ever since. The garage manager on duty was properly trained on the gate’s use and was highly attentive on the day that Linda’s accident occurred. An investigation into the incident reveals a defect in the gate’s design.

In the case above, the property owner and garage manager upheld their duties to provide a safe environment. They were unaware of the design defect, and are not likely to be liable for Linda’s injuries. The manufacturer and / or designer of the gate, however, is another story entirely. If the design defect caused Linda’s injuries, the manufacturer is likely to be liable for any damages.

It’s all in the Details

But what if the details of Linda’s incident were slightly different? What if the injury was caused by a design defect but the property owner had been warned about the defect shortly after purchase? The property owner could have placed a warning sign next to the gate to warn of potential problems, or she could have replaced the gate with a different model. Instead, she chose to do nothing. In such a situation, the property owner will likely share at least some of the responsibility. In fact, she may be solely responsible, depending on various factors. For example, if the gate manufacturer had recalled the gate but the property owner had ignored the recall, the manufacturer may be off the hook entirely. A MA injury lawyer can help you recover damages if you’ve been injured due to another’s negligence. Continue reading

According to the Centers for Disease Control and Prevention (CDC), about 1.4 million people suffer a brain injury in the United States annually. This type of injury is often the result of a motor vehicle accident, sports injury, or fall. Any kind of trauma to the head can cause a brain injury, which can range from a minor concussion to permanent brain damage.

If you are considering legal action after a brain injury, it is important to understand the complex legal and medical issues surrounding this type of injury claim. A Boston injury lawyer with extensive experience in this specific area can make all the difference in the world. Whether you’re filing for workers’ compensation benefits, negotiating with an insurance company, or determining if you have a successful product liability lawsuit, skilled legal representation is crucial to a positive outcome.

Proving Negligence

In order to prove that another party is legally responsible for your injury, you will need to show all of the following:

The defendant had a duty of care to the plaintiff: For example, an airbag manufacturer has to exercise reasonable care that its airbags are safe for the general public.

The defendant failed to exercise that duty of care: If a driver is injured when his airbag explodes for no reason, sending metal debris into the air, the airbag manufacturer may be liable.

The plaintiff’s injuries were caused by the defendant’s failure to exercise that duty of care: If the court finds that the airbag manufacturer knew about the risk of sudden explosion but failed to recall the airbags, the manufacturer will likely be found negligent.

The plaintiff suffered measurable injuries or losses: If the victim suffered a brain injury due to the exploding airbag, he will likely be awarded compensation for medical bills, pain and suffering, lost wages, and other associated costs.

In a scenario like the one above, proving negligence should be a fairly straightforward task. But brain injury lawsuits are rarely this cut-and-dried. In many cases, simply proving that a brain injury occurred can be difficult. Broken bones and burns are easy to see, but brain injuries – unless severe – are not always apparent. As the victim, you may experience pain and cognitive difficulties on a daily basis, but proving this to the court may be an uphill battle.

Further, even when a brain injury is obvious, proving that the defendant’s negligence caused your injury can be a challenge. For example, if your brain injury occurred in a car accident involving another vehicle, proving that the defendant’s bad driving was the cause may be difficult. For this reason, gathering as much evidence as possible following a brain injury can have an immensely positive impact on the outcome of your case. A MA injury lawyer can help you determine whether you have a valid legal claim.

Symptoms of a Brain Injury

Brain injuries can be mild or severe, and so can the related symptoms. If you have suffered trauma to the head, or were involved in a high-impact accident, such as a motor vehicle accident, the following symptoms may indicate a brain injury.

Even a minor car accident can be startling. Feelings of fear, frustration, anger, and embarrassment often follow. This mix of emotions can make it difficult to determine the appropriate way to handle the next steps. However, what you say and do following a car accident can have a profoundly positive or negative impact on the outcome. The information below provides key steps to take if you’ve been involved in any type of motor vehicle accident.

Do not leave the scene. Fleeing the scene of an accident is probably the worst decision you can make following a crash. If someone was injured, or if property damage occurred, you could be facing a “hit and run” charge, which carries harsh penalties and hefty fines. Stay at the scene until the police arrive. If, for any reason police are not called, do not leave before exchanging insurance and contact information with the other driver.

Make sure everyone is safe. The first step following a motor vehicle accident is to check for injuries. If you are unharmed, check your passengers first, then proceed to other drivers and passengers, pedestrians, or bicyclists that may have been involved. If someone is injured, call for first aid immediately. Do not move an injured person. If no injuries are apparent and property damage to vehicles is minimal, move vehicles to a safe location before exchanging information. If damage is extensive or injuries are present, call the police immediately. The police will create an incident report, which can be immensely helpful if you decide to file a personal injury claim.

Exchange information with other drivers and witnesses. Although tensions may be high, it is still important to exchange information with anyone involved in the accident. Jot down or record in your smartphone the following information from other drivers:

Names

Addresses

Phone numbers

Insurance

License plate numbers

Driver’s license numbers

If witnesses were present, you should also ask for their contact information. Whatever you do, do not discuss the accident with any other parties involved. What you say can be used against you. Even something as innocent as “I’m sorry” can come back to bite you. Simply ask if everyone is ok, and then proceed with the recommended steps.

Take pictures. If you have a cell phone, you likely have a decent camera on you at all times. Detailed pictures of injuries, property damage, and the scene can make all the difference in the world when it comes to personal injury lawsuits. Take photos from multiple angles. In addition to injuries and damage, photograph any contributing factors, such as an icy patch on the road, a hidden yield sign, or construction debris. Skid marks and tire tracks should also be photographed. Don’t worry about taking too many pictures, or taking the “wrong” pictures. A Boston car accident attorney can help you determine which pictures will be useful to your case.

Call a lawyer. Following an accident, the quicker you contact a lawyer, the better your chances of success with a personal injury claim. In addition to negotiating with the insurance companies, a MA motor vehicle accident attorney can handle any disputes that may arise during the claims process. A good lawyer can shoulder the burden of dealing with insurance companies and the complicated claims process, but he or she can also ensure that you get the compensation you deserve if you were harmed due to another’s negligence.

If another’s negligence caused a car accident and you were injured, the experience can be emotionally, physically, and financially difficult. If you were pregnant at the time, the experience can be devastating. In the wake of such an occurrence, it’s important to know how to act to protect yourself, your baby, and your financial future.

According to studies, the actions a pregnant woman takes following a motor vehicle collision have a significant impact on the health of her pregnancy. Pregnant women are uniquely vulnerable in any type of collision, even a minor fender bender. Without immediate treatment, trauma from a car accident can result in pre-term labor, hemorrhaging, birth defects, a high-risk situation that did not previously exist, and miscarriage. On a more subtle level, a car accident can result in emotional stress, which can be bad for both mother and baby.

Symptoms to Watch For

If you’ve been involved in a car accident while pregnant, seek immediate medical attention. Although you and your baby may be perfectly fine, it’s always better to be safe than sorry. In addition, if you notice any of the following symptoms following a car accident, contact your physician immediately:

Loss of consciousness

Vaginal bleeding

Leaking of vaginal fluid

Umbilical cord protrusion (if you believe that the umbilical cord is protruding into your vagina, contact your doctor and immediately get down to your knees, making sure that your buttocks are higher than your head. If your umbilical cord is indeed protruding, this will reduce pressure until help arrives).

Sometimes symptoms don’t present for several days following a car accident. If any of the following symptoms appear days or weeks after a motor vehicle collision, seek medical attention:

Swelling of the face

Swelling of the fingers

Vaginal bleeding

Increased vaginal discharge

Constant headaches

Pain in abdominal area

Pain in shoulder area

Fever or chills

Vomiting not associated with morning sickness

Change in frequency of baby’s movements

Painful urination

Dizziness

Even when the mother has not suffered physical injury, it is still possible for the fetus to be injured. A contra-coup injury occurs when a concussion or shock is produced by a blow or jolt to another area of the body. For example, a violent stopping motion could jostle the baby within the mother’s womb, resulting in a concussion to the baby. If you have been involved in a car accident while pregnant, contact a Boston car accident lawyer today.

If another drivers’ negligence caused you harm, it’s in your best interest to seek the counsel of an experienced motor vehicle accident attorney. In addition to helping you obtain the compensation you deserve, a skilled attorney can help reduce the stressful impact of legal proceedings and dealing with insurance companies at a time when you should be focused on your health, and the health of your baby. Continue reading

Walking and biking are two modes of travel that, as traffic times bubble and motor vehicle accidents continue to pose large threats to public safety, are increasing in popularity. Especially in Massachusetts, where scenic towns and accessible streets give plenty of reason to take things a little more slowly. But as with anything else when you venture out in the world, regardless of your transportation method, there are inherent risks. Pedestrians and cyclists are incredibly vulnerable when walking in even moderately-populated areas, since the slightest mistake made by somebody in a car can mean life-threatening consequences for anybody without a protective, metallic shield around them.

Fatal accidents involving pedestrians thankfully do not happen with alarming frequency, but when they do happen they are often catastrophic. A 65-year-old Watertown resident was just killed, and another 70-year-old was seriously injured, when an SUV hit them while walking through a pedestrian crosswalk. Two cyclists have been killed in Cambridge since June while passing through a highly-populated area. According to the Boston Globe, between 2010 and 2012 there were nearly 5,000 people injured or killed by cars while walking in Massachusetts (meaning nearly five accidents a day), based on MassDOT records. However this number is most certainly on the low end of an estimation, since large municipalities like Boston have been criticized in the past for not properly reporting pedestrian accidents.

MassDOT keeps detailed records of all recorded accidents involving pedestrians and cyclists, including an interactive map that can be filtered for more specific data. According to MassDOT data, Cambridge had the highest fatality total for pedestrian accidents between 2004 and 2013 with four deadly accidents occurring. There were 136 other nonfatal accidents involving pedestrians in Cambridge. According to crash cluster data by MassDOT ranging from 2004 to 2013, 8 of the top 10 most dangerous spots to be a cyclist in Massachusetts were found to be in Cambridge or Somerville, accounting for one death and 884 total crashes. Continue reading

Going for a walk is the healthiest thing that many of us do all day. Fresh air, exercise, and endorphins are all essential to physical and mental health. But walking isn’t without risks, especially in cities and high-traffic areas. As the number of cars, trucks, motorcycles, and bicycles on city streets increases, so does the risk of pedestrian injury accidents. If you are injured in a collision with one of these vehicles while walking, should you sue?

This is a question our firm receives frequently, some of the things to consider is of course is the severity of the injury. Also, if you will miss time from work? If you medical expenses will be ongoing? How much this accident will impact your life now and in the future? These questions and many others should be considered when deciding whether of not to file a lawsuit.

Struck by a Motor Vehicle?

When a pedestrian is struck by a car, truck, or motorcycle, legal liability will depend on whether or not the motor vehicle driver was negligent. How can you illustrate driver negligence? If it can be proven that the driver was speeding, failing to obey traffic signals, or distracted or intoxicated, you have a good chance of obtaining compensation for any injuries that were a direct result of the accident. How can you prove these things? It’s not always easy, but detailed information, witness testimony, police reports, and photographs can help your case immensely. Photograph the scene of the accident and any injuries you sustained from multiple angles, and do the same with property damage to the vehicle and any surrounding property.

Struck by a Bicycle?

Although not usually as serious as motor vehicle-pedestrian collisions, bicycle-pedestrian collisions can still result in injuries. As cycling grows in popularity – for much the same reasons as walking – so do accidents involving bikes and pedestrians. Similar to collisions involving motor vehicles, injured pedestrians must show negligence on the part of the cyclist to have a successful claim. If a cyclist was disobeying traffic signs or signals, intoxicated, or distracted due to texting or talking on the phone, you may be able to show that his or her negligence caused the accident. Continue reading

There were 4,735 pedestrian deaths from traffic crashes in the United States in 2013. On average, this comes to one crash-related pedestrian fatality every 2 hours. Excluding fatalities, there were 150,000 pedestrians who required medical attention after being injured in traffic crashes in 2013. There are certain risk factors that contribute to these numerous pedestrian deaths resulting from traffic accidents. Being a child or an older adult puts you at a greater risk of being a pedestrian injured in a car accident. Older adults, ages 65 and older, make up 19 percent of all pedestrian deaths and about 10 percent of pedestrians injured in 2013. Also looking at data from 2013, 20 percent of children under the age of 14 who were killed in traffic accidents were pedestrians. Another risk factor, which is not surprising, is alcohol. Alcohol was involved in almost half of traffic crashes in which there was a pedestrian death, including alcohol consumption by drivers and by pedestrians. In the cases where alcohol was consumed, 34 percent of fatal crashes involved a pedestrian who had a blood alcohol concentration (BAC) above or at the legal limit and 15 percent involved motorists with a BAC above or at the legal limit. Speed is also a risk factor. As vehicle speed increases, the probability of a pedestrian being hit also increases, and the severity of the injury worsens. It has been found that most pedestrian deaths transpire in urban, non-intersection areas when it is dark out.

It is essential that both motorists and pedestrians exercise reasonable care while traveling on or near the roads. Although in many situations, the negligent party may seem obvious, courts assess several factors when determining negligence. Motorists are required by law to exercise reasonable care while driving. Operating without reasonable care is considered negligence. Motorists who are found negligent may owe damages for personal and property damages that resulted from their negligence. Several common factors that have been deemed negligent are distracted driving, speeding, not yielding for pedestrians who have the right of way, violating traffic signs or signals, failing to signal when completing a turn, ignoring weather or traffic conditions, and operating while using drugs or alcohol. Drivers also have a special duty of care in regards to children. In areas such as school zones, parks, and thickly settled residential areas where children are likely to be found, drivers need to exercise even greater caution than they usually would.

However, it is not only the responsibility of the motorist to act carefully while driving. Pedestrians must also act with reasonable care to protect their own safety. Pedestrians can be found to have acted in contributory negligence if they did not exercise reasonable care, which may have contributed to their sustaining of their injuries. Some common actions by pedestrians that are negligent include not waiting for the signal to walk at intersections, entering traffic and unnecessarily disrupting it, jaywalking instead of utilizing crosswalks, and darting in front of vehicles. Continue reading

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By publishing this information on this Website, the Boston, Massachusetts law firm of Altman & Altman LLP is not claiming to represent any clients or cases mentioned here. The content provided is designed to inform readers and is not intended as legal advice.